Gill v. Grand Tower Mining, Manufacturing & Transportation Co.

Citations

• 92 Ill. 249

Syllabus

<p>1. Pabtition—sufficiency of description of land.. A petition for the partition of lands which shows that the patentee of two adjoining quarters of land, one of which was fractional, giving their numbers, by will devised the same to petitioner and A, except sixty acres thereof, which was directed to be divided into lots; that the sixty acres not having been laid out into lots, descended to the six sons and daughters of the testator, the petitioner being a son, who, by the purchase of outstanding interests, became the owner in fee of said land, except the shares of two of the heirs, naming them, in the sixty acres; that the petitioner, by deed, in 1846, conveyed the land to one J, except twenty acres, reserved to satisfy the claims of the two heirs who had not conveyed, and that J conveyed the land with a like reservation to the defendant; and that since the petitioner conveyed in 1846, he had acquired, by purchase, a large portion of the interest of the two heirs in the twenty acres so reserved out of the sixty acres,—though subject to demurrer was held not so defective as to debar the petitioner of all relief upon a hearing, and that it was apparent the land sought to be set apart to the petitioner was twenty acres out of the quarters named.</p> <p>2. Conveyance—description of land reserved. Where a whole tract of land is conveyed by its numbers, excepting and reserving twenty acres, without describing such twenty acres, the reservation will be good, and the owner thereof will become a tenant in common with the owner of the balance of the tract in the proportion the twenty acres hear to the number of acres in the whole.</p> <p>3. Same—estoppel to assert after-acquired interest. Where a party conveys a tract of land by warranty deed, excepting twenty acres, such twenty not being described, the covenant of warranty will not extend to and embrace the twenty acres so reserved, and if the grantor afterwards acquires the title thereto, he will not be estopped from asse